a v. b [1912] ScotLR 697 (07 December 1912)

a v. b [1912] ScotLR 697 (07 December 1912)

Proceedings for sequestration by a creditor whose debt was incurred after a deed of arrangement are competent because the prior sequestration is at an end and the deed of arrangement does not bind such a creditor or preclude a new sequestration for subsequent debts.

Citation
[1912] ScotLR 697
Parties
Complainer: A; Complainer: C (trustee under deed of arrangement); Respondent: B
Jurisdiction
Scotland
Judgment Date
07 December 1912
Procedural Posture
Note of Suspension and Interdict / Judgment on Competency of Sequestration Proceedings
Outcome
note of suspension and interdict refused
Legal Topics
Sequestration, Deed of Arrangement, Creditor Rights, Bankruptcy (scotland) Act 1856
Bankruptcy Insolvency Sequestration Deed of Arrangement Creditor Rights Bankruptcy (scotland) Act 1856

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Parties

A

Complainer

C (trustee under deed of arrangement)

Complainer

B

Respondent

Procedural Posture

Note of Suspension and Interdict / Judgment on Competency of Sequestration Proceedings

Legal Issues

  1. 1 Whether a creditor whose debt arose after a deed of arrangement can petition for sequestration of the debtor's estate
  2. 2 Whether a prior sequestration, terminated by a deed of arrangement, precludes a subsequent sequestration under sections 18 and 38 of the Bankruptcy (Scotland) Act 1856

Ratio Decidendi

Proceedings for sequestration by a creditor whose debt was incurred after a deed of arrangement are competent because the prior sequestration is at an end and the deed of arrangement does not bind such a creditor or preclude a new sequestration for subsequent debts.

Court Disposition

note of suspension and interdict refused

Orders

  • Refusal of note of suspension and interdict; respondent permitted to proceed with sequestration.